Landlord ghosting €840 deposit since 2024 (Move-out) – No protocol, No communication. What are my chances?
Hi everyone, I need some quick advice.
- The Situation: I moved out of my apartment in early 2024. The landlord has €840 of my deposit and has completely ghosted me since then.
- The Issues: She never sent a move-out protocol (Übergabeprotokoll) or any itemized bill for damages. When I moved out, she verbally mentioned floor damage and sink cracks, but these were pre-existing (I have move-in photos from 2021 showing them).
- Communication: I sent a detailed email in 2024 explaining the pre-existing damage (I'm a Material Engineer, so I explained it was material fatigue/wear and tear). She never replied.
- Status: I was a student then and didn't have insurance/Mieterverein. Now I’m working in Augsburg and have legal insurance (though it likely won't cover this old case).
- Question: Is it too late? I’ve heard about the 6-month rule (§ 548 BGB) for damage claims. Since she never contacted me or gave me a deadline to fix things myself, can I just demand the full amount back via a Mahnbescheid?
Thanks for any help!
A Brief Summary of next steps from GEMINI:
- The 6-Month Rule is King: Since she didn't sue you or send an official bill within 6 months of move-out, her right to claim damages is legally dead (§ 548 BGB).
- No "Right to Repair": She never gave you a deadline to fix the floor/sink yourself. By law, she can't just keep the money for repairs without giving you that chance first.
- The Move: Don't rely on your insurance. Send a registered letter (Einschreiben Einwurf) with a 14-day deadline. If she doesn't pay, file a Mahnbescheid (Court Payment Order) online for €36.
- The Result: At your current income, the €36 is a tiny risk for a high chance of getting €840 back. Most landlords pay the moment the court's yellow envelope arrives.
u/ForsakenRush9409 — 4 days ago